Barnes v. Security Life & Trust Co‪.‬

The plaintiff offered evidence sufficient to constitute a prima facie case for the jury. Thereupon the defendant offered evidence tending to show that the indebtedness against the policy equaled or exceeded the cash surrender value and that it had exercised the right to cancel the policy, vested in it by the terms of the loan agreement, and had so notified the insured. But these are matters in defense. As to them the burden of proof rests upon the defendant.